Acórdão nº 0048346 de Supremo Tribunal Administrativo (Portugal), 03 de Dezembro de 1992 (caso None)
Magistrado Responsável | JOAQUIM DE MATOS |
Data da Resolução | 03 de Dezembro de 1992 |
Emissor | Supremo Tribunal Administrativo (Portugal) |
N Privacidade: 1 Meio Processual: APELAÇÃO.
Decisão: CONFIRMADA A DECISÃO.
Área Temática: DIR CIV - DIR OBG / DIR CONTRAT.
Legislação Nacional: CCIV66 ART12 ART1029 ART1093 N1 H.
Jurisprudência Nacional: AC STJ DE 1950/01/06 IN BMJ N17 PAG270.
Sumário: I - A situação a que se reportam os autos constituiu-se antes da publicação e entrada em vigor do Decreto-Lei 321-B/90, de 15 de Outubro. Por isso, nos termos do artigo 12 do Código Civil, aplicam-se ao caso as normas do Código Civil e não as do Regime de Arrendamento Urbano. II - Característica do encerramento de um prédio arrendado para comércio ou indústria é o facto de nele se não exercer a actividade comercial ou industrial para que foi alugado, sendo indiferente a circunstância de as respectivas portas, algumas vezes, se abrirem para a entrada e saída de objectos, que não devem considerar-se mercadorias (ac STJ de 1950/01/06, in BMJ n. 17 pág. 270). III - O posto de venda de carburantes e lubrificantes, gasolina e gasóleo integra-se no conceito de estabelecimento comercial (B Magalhães "Do Estabelecimento Comercial", 2 ed., pág. 13; Mário de Figueiredo "Natureza Jurídica do Estabelecimento Comercial" in BFDUC, VIII; Orlando de Carvalho "Critério e Estrutura do Estabelecimento Comercial, I, pág. 589; Ant...
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